Tax refund change set to hit pensioners and higher rate taxpayers

Pensioners, non working spouses and higher rate taxpayers are all likely to be among the individuals to be hit by the Revenue’s move to shorten the time limit for tax refunds from six years to four.

Many elderly people could be left unable to reclaim hundreds of pounds of tax deducted at source from savings income and annuities, while higher rate taxpayers who are members of  company pension schemes, may be unable to claim the extra 20 per cent tax relief due on their pension contributions.

Cuurrently individuals can reclaim overpaid tax going back six years to the 2002-03 tax year. But as part of the Finance Bill currently going through Parliament, this time limit will be reduced to four years from 2010.

Many older people and those on PAYE often have their tax affairs reviewed only every few years and therefore may discover too late that they are eligible to  make a reclaim for overpaid tax or claim a tax relief. 

Retired and non-working spouses often find they have paid too much tax because of the banks’  requirement to deduct 20 per cent income tax at source on  savings interest. If your total annual income is less than your tax free personal allowance, you can register to receive interest gross by completing form R85.

But this isn’t possible if your income exceeds your personal allowance, in which case the bank or building society will deduct 20 per cent income tax automatically on all your savings interest, even if your circumstances change during the tax year.

This means that savers entitled to the 10 per cent tax band, which has been retained for certain low income groups, will have to make a reclaim for overpaid tax at a later date.

Higher rate taxpayers contributing to company pensions often assume that the higher rate tax relief which is payable on pension contributions is recouped by their pension scheme and added to their pension fund automatically. But this isn’t the case.

All pension contributions (whether to a company scheme or to any form of personal pension) are paid net of 20 per cent income tax.   Higher rate taxpayers need to reclaim the remaining 20 per cent tax relief they are entitled to via their self assessment tax returns.

Any overpaid tax will then be refunded, either by raising their tax- free allowance through PAYE (if employed), or used to reduce your tax bill, if you are self employed.

Employees who are higher rate taxpayers and who opt to pay their company pension contributions via salary sacrfice, don’t have to worry about this. Their contributions are paid gross, directly from their employer to the pension provider, so their pension funds benefit from higher rate tax relief automatically.

STOP PRESS: Self employed individuals who owe tax need to get their tax bills paid today if they want to avoid swingeing penalties and fines. The deadline foor second payments on account for the  2007-08 tax year is midnight on Thursday 31 July.

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Intestacy law due for a shake-up

The antiquated rules which apply to the estates of people who die intestate urgently need updating if they are to reflect today’s property values and lifestyles.

 Currently, if you die intestate (without a will) in England or Wales, and are legally married or in a registered civil partnership, your spouse or partner will inherit only the first £125,000 of your estate, plus possessions. Different rules apply in Scotland and Northern Ireland.

 If there are children, your spouse or civil partner will receive the first £125,000, personal possessions and the right to income from half of the rest of the estate. The rest passes to the children.

If there are no children, but your parents are still alive, your spouse or civil partner will receive the first £200,000 of the estate, plus half the balance, and the rest goes to your parents.

The same applies (as above)  if your parents are dead, but you have siblings.

It is only in the unlikely event that you have no surviving parents or siblings that your spouse or civil partner will receive everything.

These rules have meant that bereaved spouses have been left with inadequate funds to live on because their deceased spouse’s estate over £125,000 has gone to the children who may have to pay inheritance tax at 40 per cent.

This has recently led to a mother having to sue her own children for a larger share of the assets because her husband died intestate and the bulk of his estate passed to her two dependant children.

According to the National Consumer Council, only one in five parents writes a will, demonstrating the degree of ignorance in the general population about the law of intestacy.

However, the position is even worse for the unmarried partners of individuals who die intestate. In this case, if there are no children, the estate goes to the parents, or if they are not alive, to any brothers and sisters.

If you are not married and have children, the estate is shared between offspring. This often comes as a complete shock to individuals who may have been in an enduring relationship and have children, but who never got married or registered a civil partnership.

The surviving partner is entitled to nothing. The term ‘common law’ wife or husband has no standing in terms of inheritance rights.

The £125,000 limit was set in 1993 and has long been overdue for updating, given the huge increase in UK property values in the last 15 years and the fact that 40 per cent of children in the UK are born out of wedlock.

Another pitfall is that it is only spouses and civil partners who have any exemption from inheritance tax, so if dependant children inherit directly from a deceased parent, they may well  be liable to pay inheritance tax at 40 per cent, which might trigger the sale of the family home.

For more on inheritance laws visit: The Society of Trust and Estate Practitioners website: www.step.org

Read our guide on inheritance tax:http://www.defaqto.com/consumer/investments/tax/inheritance-tax.aspx

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Chancellor compensates low earners for tax change fiasco

Chancellor Alistair Darling has caved into pressure from backbench Labour MPs to recompense low earners who suffered a loss in take home  pay, due to the scrapping of the 10p tax band at the start of this tax year.

The Chancellor has announced that he will raise the personal tax allowance by £600 to 6,035, so that every basic rate taxpayer will pay £120 less tax this year.

He is also raising the 40p rate threshold so that higher earners’ tax bills will not be affected,  saying that the change was the “fairest and most effective way” to help those who lost out from the scrapping of the 10p tax rate.

This means that 22 million people on low and middle incomes will gain an additional £120 this year - with a £60 lump sum paid in September pay packets, plus £10 a month for the following six months until the end of the 2008-09 year.

“At a cost of £2.7bn, I will increase the individual personal tax allowances by £600 to £6,035 for this financial year, benefiting all basic rate taxpayers under the age of 65,” he said.

Around 4.2m households will receive as much or more than they lost when the 10p starting rate of tax was scrapped. The remaining 1.1m households will see their loss at least halved.

The Chancellor added: “In other words, 80 per cent of households are fully compensated, with the remaining 20 per cent, compensated by at least half. In addition, 600,000 other people on low incomes will be taken out of income tax altogether.”

But Francesca Lagerberg of accountants Grant Thornton said that low income earners on £7,455 will still be £32.40 worse off at the end of the 2008-09 tax year, despite the changes. 

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IFA news round up

All eyes were on Alistair Darling in March to see whether he would backdown on any of his unpopular proposals for capital gains tax and broker bonds.

But the budget carried few surprises, with most of the changes having been announced in Gordon Brown’s 2007 budget. But crucially, there was no last minute U-turn on the taxation of broker bonds. Despite this, AIFA director general, Chris Cummings, urged advisers to be cautious on transferring clients out of insurance bonds.

There were small changes to pensions, such as allowing trivial pensions below £2,000 in occupational schemes to be commuted and for individual who emigrate to draw on their pension benefits abroad in line with local tax rules. There was also a welcome increase in the annual amount that can be invested in qualifying EISs to £500,000.
The RDR debate continued apace, with the chief executives of Bankhall, Sesame and Tenet warning that customer agreed remuneration (CAR) is a widely misunderstood term, dubbing it a “dressed up form of commission.”
 
Elsewhere, Morgan Stanley executive director, equity research division, Jonathan Hocking, predicted that CAR could trigger an increase in fund performance fees.
 
Research published by True Potential showed that nearly 80 per cent of adviser turnover still comes from initial commission, with only 5 per cent coming from fees. 
 
Norwich Union defended the payment of indemnity commission on lump sum GPP business, despite the fact that Friends Provident and Royal London refuse to do so on the grounds that it can take up to17 years for policies to become profitable. 
 
Elsewhere, Ernst & Young predicted that advisers will be split evenly between professional financial planners and primary advisers, with middle tier advisers squeezed out of the market by 2014. 

E&Y director of insurance, Malcolm Kerr, speaking at a Cicero Platform Forum, predicted a huge increase in direct-to-consumer wraps and the increasing use of wrap by retail banks.

Broker funds
At the same forum, FSA director of retail policy, Dan Waters, warned against a return to the “bad old days” of broker funds because of the increase in advisers launching their own fund ranges. Waters also raised the issue of the costs charged for re-registering  assets off platforms, describing current market practices as ‘Byzantine.’

March also saw the publication of Otto Thoresen’s proposals for a national money guidance service which would offer the public information on personal finance issues.

Royal London, executive director John Deane, said the problems surrounding means testing and auto enrolment into personal accounts could mean the service would be dead in the water.

In the run up to the 31 March deadline for firms to be able to measure TCF, the FSA warned that a third of firms were not complying.
 
Personal accounts
Elsewhere, Paul Myners, chairman of the Personal Accounts Delivery Authority, admitted that some people will be worse off with personal accounts because of means testing, but compared the new pension scheme to car seat belts -  occasionally detrimental, but worthwhile on balance because they save more lives than they lose.

Royal London head of communications, Alasdair Buchanan, warned that many employers would give up company pension provision and move to less generous personal accounts, due to  the majority of existing employer schemes being based on basic pay, whereas the Government wants the exemption test for personal accounts to be based on total band earnings.

FOS fees continued to attract much debate in the wake of the Trowbridge county court judgment in favour of two IFAs who refused to pay FOS fees because the cases were not upheld by the Ombudsman. Despite this, AIFA urged its members to continue paying FOS case fees even when complaints are unsuccessful.

On the Sipp front, Suffolk Life called on the Government to amend capital adequacy requirements for the self investment of protected rights to ensure  a level playing field between insurance and trust-based Sipps.

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Hope yet on CGT reform?

Having slapped down business demands last week for a U-turn on his capital gains tax reforms, the pressure on the Chancellor of the Exchequer, Alistair Darling, to reconsider continues to mount.

And there may be a chink of light at the end of the tunnel. Having acknowledged the near-unanimous opposition to his proposals, particularly his decision to scrap the 10 per cent rate for business assets held for two years or more, the Chancellor may still be open to persuasion.

For instance, Lord Sainsbury, the former science minister, yesterday told a group of venture capitalists that a reprieve from the new regime might be possible, if they could make a case for early stage investors in businesses. Even Labour MPs such as George Mudie, a leading Brownite, have expressed dismay at the lack of consultation.

All of which begs the question, as to why Mr Darling embarked on this wholesale reform of CGT without better advice on its implications for venture capitalists, small businesses and employees in SAYE schemes.

All these groups will suffer under the new regime, when the original target was the carried interest of private equity investors who pay less tax than their cleaners.
.
The cack handed handling of this whole affair and the failure to consult beggars belief, particularly when the Prime Minister has always presented himself as a supporter and proponent of venture capitalism.

Let’s hope sense prevails and the necessary tweaks are made to the new regime so as introduce greater simplification, without hurting the very people who are building the businesses of the future on which our economy depends.

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Time for another Treasury U-turn

What’s the betting that some, or all, of the capital gains tax changes announced in the pre budget report will be withdrawn, given the furore that these poorly thought out proposals have caused?

Alistair Darling has managed to upset just about everyone, except the very individuals in the private equity industry who were supposed to be the target of his changes.

The private equity chappies have got off relatively lightly, whereas ‘the little people’ (as millionaireress, Leona Helmsley, would say) who have invested iin SAYE share option schemes, Enterprise Management Initiatives, AIM shares and individuals with holiday home lettings, are all potential losers under the flat rate regime of 18 per cent CGT and the axing of taper relief..

Given the former Chancellor’s propensity for spectacular and unexpected U-turns, I see no reason why his successor shouldn’t do likewise.

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Master stroke by Osborne, but will the figures add up?

George Osborne’s inheritance tax proposals at the Tory party conference this week were a master stroke and worthy of consideration.

At a stroke, he delivered hope to millions of middle England households, who under the current rules could face punitive inheritance tax bills in the future, due to rampant increases in house prices and personal wealth, and a tax exempt threshold which has failed to keep pace withb this inflation.

Supporters of inheritance tax (yes, they do exist) argue that only around 37,000 estates currently pay the tax. But that misses the point. It is the effect of double digit house price inflation over much of the last decade and the increase in general household wealth which has sucked millions of estates into a potential tax liability in the future that counts.

According to research by Scottish Widows, under the current inheritance tax threshold of £300,000, almost four in 10, or 9.4 million homeowners will have an estate liable for IHT on their death.

This is because almost 4.8 million homeowners have properties worth more than £300,000 and when total household wealth is taken into account, a further 4.5 million households would be liable to pay IHT.

In fact, average household wealth stood at £269,117 in April 2007, only 11 per cent under the £300,000 threshold.

Even though the latter is set to rise to £350,000 by 2010 (assuming that Labour is still in power), this will leave many people with a problem if house prices and household wealth continue to rise.

All of which makes the proposed lifting of the threshold under Osborne’s proposals so eminently sensible, providing that his estimates of the amount of tax that can be raised from wealthy ‘non doms’ add up. But that’s another story….

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Chancellor slated for stealth budget

It was presented as a tax cutting budget, but it was in fact tax neutral. The Chancellor said as much, but most people listening to his speech could be forgiven for thinking otherwise. So small wonder then that it has been dubbed a ‘stealth’ budget.

The abolition of the 10p tax band (on up to £2,150) was glossed over, while the 2 per cent cut in income tax was saved for a final flourish at the end of his speech, giving the impression that this was a massive tax giveaway, when in fact the two moves virtually cancel each other out. After all, he made a point of saying that the proposed 20p rate was “the lowest for 75 years.”

Another example of less than transparent communication was his boast of a £600 increase in the amount that savers will be allowed to invest in a mini cash ISA. That’s all fine and dandy, but the £600 comes at a cost of reducing the amount you will be able to invest in a mini equities ISA to £3,600, compared to £4,000 today. The overall increase in the ISA allowance will be a princely £200.

So who will be the winners and losers, given the complexity of the interaction between personal taxes, allowances and tax credits?

Mike Brewer of the Institute for Fiscal Studies says: “Those earning over around £42,000 will find their disposable income almost unaffected by the personal tax changes. However, almost 1 in 5 families in the UK will lose out, and, unusually for a Brown budget, the losers come from across the income distribution, and include some families with children.”

So here we have another instance of the Chancellor appearing to do one thing, but actually doing another. In his speech, he says: “I have focused support on families by raising child benefits and child tax credits,” when in fact no extra cash is going into child benefit at all until April 2010.

It is the child element of the child tax credit and the working tax credit which are being raised to help lone parents back to work, with extra help to those living in London.

However, the alignment of the tax and national insurance systems is to be welcomed, as the interaction of these taxes is notoriously complex. In future, National Insurance will stop at the point where higher rate tax kicks in, currently at £38,335 (2006-07).

But wouldn’t it be better to simply raise the personal income tax allowance for everyone to around £10,000 and put an end to the mind boggling complexity of the tax credit system, which few understand and which costs a small fortune to administer.

The saving to the public purse from getting rid of the army of civil servants who have to administer our complex tax and benefits system would go some way to paying for this measure and might win our Prime Minister-in-Waiting some friends among employers, who are currently required to act like a de-facto extension of the social security system.

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